NATHU BAPU MHASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant herein is the accused in the Sessions Case No. 87/1990 on the file of IInd Additional Sessions Judge, District Satara. He was charged under Section 302 of the Indian Penal Code. The Learned IInd Additional Sessions Judge, Satara by his Judgement dated 4th September 1992 found the appellant guilty of the offence of murder under Section 302 of IPC and sentenced him for rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default to undergo R. I. for two years. The appellant/accused has challenged in this appeal the said findings of the IInd Additional Sessions Judge, Satara and his conviction and fine as imposed.

(2.) BEFORE we proceed to consider and deal with the merits of the appeal, it is necessary to mention certain intervening circumstances as have happened in this appeal. This appeal was heard and was disposed of by a Bench of Judges comprising of V. H. Bhairavia and P. S. Patankar, JJ. , by their Judgement dated 2nd September 1994. The appeal of the appellant was dismissed thereby confirming the findings of the trial Court as also the sentences imposed upon the appellant. Being dissatisfied and aggrieved by the said findings, the appellant carried the matter before the Supreme Court in Criminal Appeal No. 600 of 1995 and the apex Court by its Judgement and order dated 27th April 1995 proceeded to set aside the findings of this Court of dismissal of the appeal and remanded the case back to this Court for afresh disposal of the appeal on - merits. That is how this appeal has come up before this Court.

(3.) WE would also think it appropriate to clarify at the outset and at this stage that since the Supreme Court has directed the disposal of the appeal on merits, we are proceeding to dispose of the same on merits, in all respects totally uninfluenced by the findings rendered earlier by our brother Judges as mentioned earlier.